DRI may participate in litigation as amicus curiae in matters selected in accordance with specific guidelines from the Board of Directors. A committee consisting of seven (7) DRI members appointed by the President administers the program. The Committee arranges for the filing of amicus briefs in noteworthy cases pending before state and federal appellate courts. It reviews petitions for DRI participation from members to determine whether an amicus brief in support of a particular defense position would be appropriate.

The guidelines for DRI participation as amicus curiae specify that the case must present an opportunity for DRI to make meaningful and original arguments that could result in a contribution to jurisprudence. The case must be of special significance to the defense bar or the defense practice and the points raised in any brief must be consistent with the general Mission Statement and Purpose of DRI.